Any person who acts under the compulsion of irresistible force. (Art. 12, Par. 5, RPC)


Elements:

1. The force must be physical, must come from an outside source, and the accused must act not only without a will but even against his will.

2. The actor must be reduced to a mere instrument such that the element of freedom is wanting.

3. The duress, force, fear or intimidation must be present, imminent and impending and of such a nature as to induce a well grounded apprehension of death or serious bodily harm if the act is not done. 


● The force referred to here must be a physical force, irresistible and compelling and must come from a third person. It cannot spring primarily from the offender himself. (People v. Fernando, 33 SCRA 149) 

● The force must be irresistible to reduce him to a mere instrument who acts not only without will, but against his will. The duress, force, fear or intimidation must be present, imminent and impending and of such a nature as to induce a well grounded apprehension of death or serious bodily harm if the act is not done. A threat of future injury is not enough. The compulsion must be one of such a character as to leave no opportunity to the accused for escape or self-defense in equal combat. (People v. Nalipanat, 145 SCRA 483)


Basis: Complete absence of freedom.


Example:

If a person was struck with the butts of the guns of those who killed another to compel him to bury their victim, he is not liable as an accessory because he acted under the compulsion of an irresistible force. (US v. Caballeros, 4 Phil. 850)